This is - as they say - the fine print. Please read our TERMS AND CONDITIONS OF USE and our PRIVACY AND SECURITY POLICY carefully before using this site.
TERMS AND CONDITIONS
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Thefunkystork.com ("thefunkystork.com") may revise and update these Terms and Conditions at any time. Your continued usage of thefunkystork.com website ("thefunkystork.com Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE ANY KIND OF MEDICAL ADVICE.
The contents of thefunkystork.com, such as pdf files, graphics, text, images, audio files, videos, information obtained from thefunkystork.com's licensors, and other material contained on thefunkystork.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your medical doctor or other qualified health provider with any questions you may have regarding you or your partner's pregnancy. Your doctor is the only person who can provide you with advice with regards to you or your partner's pregnancy.
Thefunkystork.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by thefunkystork.com, thefunkystork.com employees, others appearing on the Site at the invitation of thefunkystork.com, or other visitors and users to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
USE OF CONTENT.
Thefunkystork.com authorizes you to view or download a single copy of the material on thefunkystork.com Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2009, General CRM, LLC All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on thefunkystork.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with thefunkystork.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of thefunkystork.com. All rights not expressly granted herein are reserved to thefunkystork.com and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF THE OWNERS OF THEFUNKYSTORK.COM AND ITS LICENSORS.
The use of thefunkystork.com Site and the Content is at your own risk.
When using thefunkystork.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of thefunkystork.com and its suppliers. Accordingly, thefunkystork.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of thefunkystork.com Site.
Thefunkystork.com Site and the content are provided on an "as is" basis. THE OWNERS OF THEFUNKYSTORK.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the owners of thefunkystork.com, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of thefunkystork.com Site or thefunkystork.com.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on thefunkystork.com Site.
In no event shall the owners of thefunkystork.com, its licensors, its suppliers, or any third parties mentioned on thefunkystork.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use thefunkystork.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the owners of thefunkystork.com, its licensors, its suppliers, or any third parties mentioned on thefunkystork.com Site are advised of the possibility of such damages. The owners of thefunkystork.com, its licensors, its suppliers, or any third parties mentioned on thefunkystork.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. The owners of thefunkystork.com, its licensors, its suppliers, or any third parties mentioned on thefunkystork.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including the Site discussion forum) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to thefunkystork.com by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to thefunkystork.com by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to thefunkystork.com by email, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) the owners of thefunkystork.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. thefunkystork.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to thefunkystork.com by email. We try to answer every email in a timely manner, but are not always able to do so.
THE FUNKY STORK SUBSCRIPTION SERVICES.
If you choose to subscribe to one of thefunkystork.com's subscription services, such as thefunkystork.com Email 'track your pregnancy' tool (collectively, the "Subscription Services"), the following additional terms and conditions will apply depending on which service you choose.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
THE FUNKY STORK LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS").
If you use a Public Area, such as a chat room, bulletin board or community "Ask the Good Doctor" or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The owners of thefunkystork.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by thefunkystork.com in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of thefunkystork.com, exposes thefunkystork.com or any of its customers or suppliers to any liability or detriment of any type.
thefunkystork.com reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or thefunkystork.com Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on thefunkystork.com Site, regardless of whether such communication(s) violate these standards.
The owners of thefunkystork.com or its licensors have no liability or responsibility to users of thefunkystork.com Site or any other person or entity for performance or nonperformance of the aforementioned activities
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
Thefunkystork.com may provide links to third-party web sites. Thefunkystork.com also may select certain sites as priority responses to search terms you enter and thefunkystork.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. thefunkystork.com does not recommend and does not endorse the content on any third-party websites. thefunkystork.com is not responsible for the content of linked third-party sites, sites framed within thefunkystork.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Thefunkystork.com does not endorse any product advertised on thefunkystork.com Site.
You agree to defend, indemnify, and hold thefunkystork.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Thefunkystork.com is based in Tampa, Florida and is owned by General CRM, a limited liability company organized under the laws of Florida. Thefunkystork.com makes no claims that thefunkystork.com and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access thefunkystork.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with thefunkystork.com, or in any way relating to your use of thefunkystork.com Site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving thefunkystork.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting thefunkystork.com's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
thefunkystork.com's agent for copyright issues relating to this web site may be reached via email at
In an effort to protect the rights of copyright owners, thefunkystork.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.